The San Diego County Clerk has filed a petition with the California Supreme Court Friday (July 19) protesting orders from state officials that it issue marriage licenses to same-sex couples.

“Respondents have ordered Petitioner to stop enforcing state law that claims marriage as the between one man and one woman,” the clerk’s filling, which refers to Attorney General Kamala Harris, Governor Jerry Brown, and others, says. “Respondents claim that petitioner is bound by a federal court injunction that prohibits enforcement of that state marriage law because, according to respondents, state law provides them with authority to supervise or control county clerks issuing marriage licenses. Petitioner, however, asserts that state law does not give Respondents this authority over him, and for this reason, among others … Petitioner contends that he is not bound by the federal court’s injunction.”

On June 26, the U.S. Supreme Court announced its 5-4 ruling striking down California’s Proposition 8 same-sex marriage ban. Days later, the 9th U.S. Circuit Court of Appeals lifted a stay on the marriages, allowing them to resume immediately.

Harris quickly issued a response to the San Diego clerk’s petition.

“The filing offers no new arguments that could deny same-sex couples their constitutionally protected civil rights,” Harris stated. “The federal injunction is still in effect, and it requires all
58 counties to perform same-sex marriages. No exceptions.”

Equality California Executive Director John O’Connor released a statement saying, “This is an outrageous and desperate attempt that is without merit. Our Attorney General Kamala Harris’ swift response asserting that all 58 counties are required to perform same-sex marriages without exception, further illustrates the importance of electing pro-equality leaders to office. We thank our Attorney General for her continued leadership!”